GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURBACHAN Singh son of Hardit Singh was convicted under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act and was sentenced to eighteen months' rigorous imprisonment and a fine of Rs. 1500/ -. The appeal of the convict having been dismissed by the Additional Sessions Judge. Amritsar, by order dated 17th November 1970 he has challenged his conviction and sentence through the present revision petition.

(2.) ON 11th September 1969 at about 7 a. m. Municipal Food Inspector Pal Dass went to the petitioner's shop and there found him selling milk, curd and other eatables. Pal pass after serving a notice on the petitioner purchased 660 mls. of cow's, milk which, it Was told by the petitioner, was for sale. The milk was divided into three equal parts and each part was put in a separate dry and clean battle. All the bottles were stoppered and sealed after formalin was added to the contents. One of the bottles was given to the accused, another was sent to the Public Analyst and the third was retained by the Food Inspector. From the report of the Public Analyst it transpired that the milk was adulterated and a complaint was then filed.

(3.) ON 16th March 1970 the petitioner made an application that the sample retained by the Food Inspector be sent to the Director Central Food Laboratory. On this the bottle was produced in Court on 18th March, 1970. When the bottle was produced in Court, though the seal appeared to be intact, it was noticed that there were some marks on the neck of the bottle showing that the milk had spilt from the bottle. The contents of the bottle also appeared to be less. On the request of the learned Counsel for the petitioner, the sample bottle was sent to the Director in that very condition. The report from the Director reveals that the sample was highly decomposed and could not be analysed.